Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS
Subchapter G - RELEASE OF REPORT AND FINDINGS
Section 711.613 - Can the investigative report be released by a service provider?

Universal Citation: 26 TX Admin Code § 711.613

Current through Reg. 49, No. 38; September 20, 2024

Upon request, the investigative report (with any information concealed that would reveal the identities of the reporter and any individual receiving services who is not the victim or alleged victim) may be released:

(1) by a facility to:

(A) the victim or alleged victim, guardian, or parent (if the victim or alleged victim is a child), in accordance with 25 TAC § 417.511(b) (relating to Confidentiality of Investigative Process and Report), and 40 TAC § 3.305(k) (relating to Completion of an Investigation); and

(B) the perpetrator in accordance with 25 TAC § 417.512(d) (relating to Classifications and Disciplinary Actions) and 40 TAC § 3.305(e);

(2) by a local authority or community center to:

(A) the victim or alleged victim, guardian, or parent (if the victim or alleged victim is a child), in accordance with 25 TAC § 414.559(b) and 40TAC § 4.559(b) (relating to Confidentiality of Investigative Process and Report); and

(B) the perpetrator or alleged perpetrator;

(3) for HCS waiver program or TxHmL waiver program providers providing services to an individual enrolled in the HCS waiver program or TxHmL waiver programs to the victim or alleged victim, guardian, or parent (if the victim or alleged victim is a child), in accordance with 40 TAC Chapter 9, Subchapter D (relating to Home and Community-based Services (HCS) Program) and 40 TAC Chapter 9, Subchapter N (relating to Texas Home Living (TxHmL) Program); and

(4) for all other service providers, the investigative report shall not be released except in accordance with § 711.605(c) of this chapter (relating to Who receives the investigative report?).

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